Contracts Commons^™

Contracts, B. Morris Martin

Mercer Law Review

In 1990 the Georgia General Assembly passed an Act addressing a long-standing debate concerning the proper limits on contracts that restrain parties in their trade, business, or employment. After reaffirming the principle that contracts in general restraint of trade are against public policy and void, the general assembly codified the exception to the rule carved out by the courts. This exception held reasonable restraints on competition in business or employment are partial restraints of trade and are not against public policy. The Act, which became effective on July 1, 1990, amended section 13-8-2 of the Official Code of Georgia Annotated …

Newsletter Vol.18 No.4 1990, National Center For The Study Of Collective Bargaining In Higher Education And The Professions

National Center Newsletters

No abstract provided.

The Strategic Structure Of Offer And Acceptance: Game Theory And The Law Of Contract Formation, Avery Katz

Michigan Law Review

The purpose of this article is to promote a particular research program; namely, the use of game theory to analyze the law of contract formation. Although I will often simply speak of offer and acceptance in my discussion, I mean to refer to a broader set of issues than are commonly denoted by this doctrinal label. My program transcends the narrow issue of whether particular communications technically should be classified as offers and acceptances, and includes questions often analyzed under the rubrics of implication and interpretation. At its broadest, my argument addresses all legal rules that answer two types of …

Statutory Personal Property Lease Law In Alabama, Peter A. Alces, P. Cade Newman

Faculty Publications

No abstract provided.

Newsletter Vol.18 No.3 1990, National Center For The Study Of Collective Bargaining In Higher Education And The Professions

National Center Newsletters

No abstract provided.

Contract Versus Contractarianism: The Regulatory Role Of Contract Law, Jean Braucher

Washington and Lee Law Review

No abstract provided.

Terminating At-Will Employment Contracts In Utah Subsequent To Berube V. Fashion Centre, George P. Barbaresi

BYU Law Review

No abstract provided.

Arcadian Phosphates, Inc. V. Arcadian Corp.- Taming Texaco's Agreement In Principle, Jonathan O. Hafen

BYU Law Review

No abstract provided.

Teaching Parol Evidence, James D. Gordon Iii

BYU Law Review

No abstract provided.

Chapter 5 - Matrimonial Bonds: Slavery And Divorce In Nineteenth-Century America (Previously Published Article), Elizabeth B. Clark

Manuscript of Women, Church, and State: Religion and the Culture of Individual Rights in Nineteenth-Century America

In the covenant of marriage, woman is compelled to promise obedience to her husband, he becoming, to all intents and purposes, her master -- the law giving him power to deprive her of her liberty, and to administer chastisement. He has so framed the law of divorce . . . as to be wholly regardless of the happiness of women -- the law, in all cases, going upon a false supposition of the supremacy of man, and giving all power into his hands.

Newsletter Vol.18 No.2 1990, National Center For The Study Of Collective Bargaining In Higher Education And The Professions

National Center Newsletters

No abstract provided.

Champagne-Webber, Inc. V. City Of Fort Lauderdale, 519 So. 2d 696 (Fla. 4th Dca 1988), Enrico G. Gonzalez

Florida State University Law Review

Contract Law/Sovereign Immunity-THE DEMISE OF SOVEREIGN IMMUNITY IN THE CONTRACTUAL BATTLE AGAINST STATE AGENCIES

Contracts—The Trend Toward Legal Realism. Shearson Lehman Cmo, Inc. V. Tcf Banking & Savings And Teachers Insurance & Annuity Association V. Tribune Co., 670 F. Supp. 491 (S.D.N.Y. 1987)., Janne G. Siegel

University of Arkansas at Little Rock Law Review

No abstract provided.

Civil Rico Reform: The Gatekeeper Concept, Michael Goldsmith, Mark J. Linderman

Vanderbilt Law Review

Since coming into vogue in the mid-1980s, civil RICO has often been criticized and targeted for reform. Critics claim that civil RICO is too broad because it potentially applies to all commercial transactions.More specifically, opponents claim that RICO's inclusion of mail and wire fraud as predicate acts unjustly subjects all "legitimate businesses" to liability.For example, Representative Rick Boucher, sponsor of the 1989 RICO reform legislation, has stated:

"Fraud allegations are commonly made in contract situations, and all that is needed to convert a simple contract dispute into a civil RICO case is the allegation that there was a contract and …

Social Irresponsibility, Actuarial Assumptions, And Wealth Redistribution: Lessons About Public Policy From A Prepaid Tuition Program, Jeffrey S. Lehman

Michigan Law Review

In this article, I shall try to illuminate the question of how governments, as opposed to private insurers, grapple with the problem of intergenerational social irresponsibility. I shall do so by analyzing and criticizing a single public program. That program, the Michigan Education Trust (MET), was the most widely publicized government action in the field of higher education finance during the 1980s. MET allows parents of young children to purchase contracts promising to cover the children's tuition at Michigan public colleges when they enroll up to eighteen years later.

In setting forth this case study, I also attempt to develop …

The Asymmetrical Conditions Of Legal Responsibility In The Marketplace, Bailey Kuklin

Faculty Scholarship

No abstract provided.

Frontispiece On Good Faith: A Functional Approach Within The Ucc, Christina L. Kunz

Faculty Scholarship

This article examines areas of the law with thin jurisprudences on good faith, and how the Uniform Commercial Code’s (UCC’s) express statutory rules have become an active laboratory of experiments on good faith. Part I discusses the general obligation of good faith under the UCC. Part II lays out and discusses how the specific UCC provisions on good faith serve one or more of the following functions: restrict the exercise of one-sided power in a contract, in order to avoid unfair or unexpected results; restrict the range of possible responses to defective performance or to an unexpected event, in order …

Working Backwards: The Covenant Of Good Faith And Fair Dealing In Employment Law, Deborah A. Schmedemann

Faculty Scholarship

This article examines the covenant of good faith and fair dealing with respect to employment law. This doctrine is at an interesting stage in its development (or decline) in Minnesota and elsewhere. The article begins with the standard exposition of the current state of the law; part I describes the limited scope of the covenant and its limited force in Minnesota employment law. Part II contains my assessment of the courts' handling of the covenant and the promise this theory holds for Minnesota employees and employers. My theses are: First, the courts have thus far failed to develop a sound …

Buyer's Remedies And Warranty Disclaimers: The Case For Mistake And The Indeterminacy Of U.C.C. Section 1-103, David Frisch

Law Faculty Publications

The primary purpose of this article is not to end the longstanding malaise surrounding section 1-103, but to illuminate its existence and encourage a serious reconsideration of the extent to which common law and equitable principles serve as sources of law in resolving cases under the Code. A greater appreciation of the importance of this issue to commercial law development will result in an approach which makes the law more predictable and which better facilitates the essential need to keep the Code responsive to commercial practice. Part II of this article introduces the context within which section 1-103 will be …

Promulgating The Marriage Contract, Lynn A. Baker

University of Michigan Journal of Law Reform

I begin Part I of this Article by positing several logically necessary, but insufficient, conditions that precede a state's decision to promulgate a law more aggressively than usual. I then show that each of these conditions was met with regard to the economic terms of the marriage contract in virtually all states by 1975. In Part II, I explore what Louisiana's unusually aggressive promulgation of certain terms of the marriage contract reveals about the legal system's conception of the marital relationship as of 1975. In Part III, I discuss what is added to that conception of the modern marital relationship …

Legal Malpractice: Is It Tort Or Contract?, Blanche M. Manning Honorable

Loyola University Chicago Law Journal

No abstract provided.

Drug Testing Of Student Athletes: Some Contract And Tort Implications, Leroy Pernell

Journal Publications

No abstract provided.

Contract Excuse And Bankruptcy Discharge, Robert A. Hillman

Cornell Law Faculty Publications

No abstract provided.

Contract Modification And "Self-Help Specific Performance": A Reaction To Professor Narasimhan, Robert A. Hillman

Cornell Law Faculty Publications

No abstract provided.

Cláusulas De Indexación En Letras De Cambio Y Pagarés: Su Invalidez, Martin Paolantonio, Salvador Bergel

Martin Paolantonio

Análisis y conclusiones sobre la viabilidad de inclusión de cláusulas de ajuste o indexación en letras de cambio y pagarés, a la luz del decreto-ley 5965/63

El Aval En El Cheque Después De La Ley 23.549, Martin Paolantonio, Eduardo Moccero

Martin Paolantonio

Análisis de la viabilidad del aval en el cheque, previo a la admisibilidad expresa de esta garantía por la ley 24.452, anotando un fallo de la Cámara Nacional en lo Comercial favorable a esa alternativa.

La Responsabilidad Emergente Del Desvío Del Interés Social De Una Sociedad A Otra U Otras Del Grupo, Martin Paolantonio, Salvador Bergel

Martin Paolantonio

Se ensaya una tipología de supuestos y consecuencias ante el desvío del interés social por una sociedad parte de un grupo económico

Las Costas En La Quiebra Sin Acreedores, Martin Paolantonio, Eduardo Moccero

Martin Paolantonio

Nota a fallo sobre la imposición de costas en la quiebra que finaliza por ausencia de acreedores

Exemptions Of Contract Liability Under The 1980 United Nations Convention, Wanki Lee

Penn State International Law Review

This article will primarily discuss the United Nations Sales Convention. In interpreting the Convention, the central problem is to what extent Article 79 of the Convention will apply to the various cases. Does it apply only to cases of "force majeure" or "impossibility," i.e., cases in which there is a barrier that prevents performance or makes it impracticable? Or does it apply to cases of "frustration" or "imprévision," i.e., cases in which there is no barrier but the circumstances are radically changed because of a contingency contrary to the basic assumption on which the contract was made? Even if Article …

Why Not Good Faith?-The Foibles Of Fairness In Closely Held Corporations, Daniel S. Kleinberger

Faculty Scholarship

This essay describes the contours of the shareholder’s duty to be fair and explores some of the problems caused by the law’s imprecision in defining the duty of fairness. Because this duty is best understood as a rejection of old norms, part one of this essay describes the traditional doctrines of intra-corporate responsibility. Part two describes the special characteristics of a close corporation and outlines how those characteristics pushed close corporation law to new concepts of fairness and shareholder duties. Part three attempts to delineate those duties of fairness and also to highlight some of the dangers that arise when …